The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-01-14

clear that the power 10 create Police De.
partment, and to provide for the election
or appointment OF Police Commissioners,
cannot be traced to the foregoing sections
OF the charter.
lam referred to tue case OF Gregory Va.
the City OF Bridgeport, Al Conn 70. l re-
Ter to It specially because It Is the strong.
est and most favorable case cited by the
respondents. The validity OF the appoint.
ment Of a Superintendent Of Wharves
being incidentally involved In the case, 1t
not appearing that there was an express
grant OF power to appoint such supsrin.
tendent.
But 1t did appear that the Council OF
Bridgeport was empowered by It's charter
to make ordinances relating 10 the wharves
and the nnchoring, moving aud mooring
Of vessels with the city and also to con.
stitute and appoint all necessary and
proper officers, and also 10 invest them
with the power and authority necessary
aud proper and not inconaistent with the
laws Of the State or OF the United States,
10 carry into effect oil the bylaws, ordi.
nsucea, aud lawful orders OF the Common
Council. The Court held the appointment
OF tho superintendent by the Council
valid. But l fail to find anything In this
case inconsistent with tho foregoing views.
In the first place the Council OF Bridge
port was invested with the power to make
ordinances In relation to wharves. Then
twas authorized ITO appoint necessary
and proper officers to carry into effect all
the bylaws, ordinances and lawful orders
Of tho Council" Blu. such ia not the
charter Of tho city Of Wheeling. Its
Council is not authorized 10 appoint Off.
GERS necessary and proper 10 carry into Of.
feGt its bylaws and ordinances, butt Is
authorised to appoint officers necessary to
carry into effect any power or authority
vested In 1t or granted to it,by the LegiS.
lature. 3-G3 ~
ThiD Is On important difference between
the charters OF Bridgeport and Wheeling
one so vital that 1t dsprives the case citod
OF any analogy to the case at bar.
Thore Is but one other provision OF the
charter which Ia claimed a. regulate au.
thority for tina. part Of the ordinance now
under review. 1t is the filth section Of
the Act oil Janusry 10, 1906. Incorporating
the Town Of Wheeling, which is as follows:
"rhe Mayor and Oommonalty shall have
power and authority to pass such other
bylaws, rules and regulations, not incon-
sls!ent with the Constitution and laws OF
tho Commonwealth or OF the United
States, aa they shall deem necessary for
the good order Of and good government Of
the said town, and to enforce tho execu.
ton OF all such bylaws, rules and regula.
tions by reasonable penalties, not exceed.
ing for ono olIense the cum OF Sl0."
Assuming that this provision Is part OF |
the charter Of the City Of Wheeling by |
virtue Of Section so OF tho Act OF March.
1886, Incorporating the city, it is a briei
form Of the general welfare" clause usual
in municipal charters and 1t is no. neces.
sary to report what was ssid in relation to
the similar clause in the city charter. But
| may add that this section OF the town
charter suggests in itself the construction
| supposed should apply to the city char.
ter. IS za -. a-
I havs thus considered all Of the pro.
vislons OF the charter which were sup.
posed to give authority to the Council to
establish Police Department aud to pro.
vide for the appointment OF Police Com.
misaioners. None Of them give such !
in express words; none OF them
contain express grants OF power from
which such authority can be necessarily
or fairly implied. No case has been cited
in which Council has undertaken to
establish q Police Department without the
authority or sanction OF the Legislature
plainly expressed. The very fact thai
counsel who brought the results OF much
care and research to bear upon the ques.
ton wore unable 10 place their finger,
upon any single provision OF the charter
nhich they could claim with confidence
as grant OF such power to the Council, |
is itself sufficient to raias the doubt Which
Judge Dillon Gays muat be resolved against
the corporation. ~ -ss-a -
There il no escape from the conc!usi, n
that the fourth section. OF tho ordinan, q
in question is invalid, and made contrary
to law 1t necessarily follows that tie
sixth, seventh, ninth, tenth and twelfth
oections are slso INVALID. SO much of the
iisst section a. proviaco for the appoint
!neut Of Police Commissioners must be
hsld co invalid. Holding as do, that the
Council had authority to establish Fire
Department aud to provide for the an.
pointment OF commissioners Of euch de-
partment, and that it had not the
authority to create g Police Department,
| had, and have some doubt whether, as
the two arc go intimately blended in tht
ordinance, the effect will no. bs to in.
validate the whole ordinance. incline
to the view that it will not, but will bea,
counsel il they 30 choose. See Black Va
Trainer, 10 Va, 1918: IS Wis, IS and SO;
ll6 U. S., 263. |
The first section Of the ordinance pro.
gidinG that two Of She Commissioner
'hail he Of opposite parties to the other
.Ro, do not think presents case Of DO.
itical test, hut it in merely directory to
Council. ~ -
60 much Of section fourteen OF the
ordinance as provides that mo person
hall be appointed laasty Sergeant who
3 not capable OF reading and writing the ,
english language" presents qus!iicn.
lon for the Office. which is neither au.
horizod by the chsrte; nor permitted by
be Gcnstitution Of the State; the soI.
cant and bis deputies being State officers !.
80 Scarlet feyeFaud Diptl,erin
ne Spread by coltagion, by the t.anier OF
living matter. These particles come from
he skin, the membraaous lining OF the